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Home My WebLink About0040 CHANNEL POINT ROAD �o �� t � � .\ ��, !� a n Mr, Dennis Houle Conservation Commission cc. John Klimm Town.Manager cc. T in McKean Board o e th C_CV RE: H annis Harbor ours, PC. V �J Public Hear' g Jan. 9, 2007 _k RE: Connected Hyline property RE: Zoning Appeal No. 1981-05 Variance (1981) a - Map 326 Lots-7 l_-1 and.71-2_1w 7 Channel Point Road ,AYA XAk/0 Gentlemen: I am a resident across from properties'on the wharf. We have had concerns for years about the wharf and how it impacts the neighborhood. 1. First let me remind folks that this area is still a RESIDENCE B DISTRICT and not a Business Zone. 2. In 1981 these two parcels of land were sold to Hyline Boats, Mr. Richard Scudder with certain conditions stated exactly to the variance 1981-05. along with site drawings and agreements. 3. This area was to be kept as open and green space (like Bismore Park, for the enjoyment of the people. To be planted with only low-growing junipers or other low growing plants. This was envisioned as a lovely park where.people could enjoy the view,of the inner-harbor.. 4. For many years this was true and all of us enjoyed the bustling harbor, but in more recent years this area has taken a turn for the worst. 5. So today our concerns are as follows: 6.. Plantings are much too high and over-powering and they are not low-growing junipers as shown in the variance drawings and plan, 7. The area is not pretty and it is not open and inviting. 8. On the parcels closest to the Salzburgs house on the right there are downed tree stumps and much debris and the vegetation is unsightly and very overgrown. 9. Problem: Wharf rats are now being seen in the early morning hours running in front of people's houses., along with finding dead wharf rats near trash cans two doors down and across the street from the harbor.Tunneling has been discovered Under trash boxes and boxes were removed with baiting. ,.History NOTE: About 15 years ago we had an outbreak of wharf rats 'invading the neighborhood. Health Dept. assisted the whole neighborhood in eliminating the problem and bait boxes were given to us to fix the problem. My concern is that this overgrown vegetation and brush could cause the wharf rat population to boom again . Summer of 2004 Health Dept. was notified about wharf rat problem and we all worked to fix problem. Summer season 2005 was quiet. 10. Neighbors have reportedly seen people coming out of this property (where brush is)early in the morning after having slept there all night. I believe that if this area is cut back and cleaned up and area is an open and clear place again , this will alleviate this problem of people sleeping in the bushes and brush. Thank you for your help regarding these concerns. My family has lived on Channel Point Road for 31 years and we do enjoy the boats and the wharf. We are proud of this harbor and want all of the people to enjoy it,and Hyline Boats has played a big part in making the harbor what it is today. Thanks to all. (Note: It is impossible to eliminate wharf rats completely but we must be vigilante to keep the population down as much as possible for both safety and health reasons. I personally love gardens and wildlife habitats on cape cod but we must use commonsense as not to create the wrong habitat on a PUBLIC WHARF that will attract the wrong wildlife...ie. Rodents. Sincerely, Carolyn Stewart 55 Channel Point Road P.S. Let it also be remembered that the harborside or waterfront side of Channel Point Road is a designated-Historic-Neighborhood and according to those strict historic guidelines, plantings should be colorful and,LOW GROWING grid all fencing can only be 3 ft. high or less, clearly only common picket fencing, post and rail, or some simple iron fencing. They also recommend plantings to be -Low GROWING'evergreens such as junipers and colorful fowers. (This-is from.the,Main Street Waterfront Historic District t-Commission guidelines. Th nks Again.- V BOARD OF APPEALS V.R„!ARti •ay rua 019. \ �011�Y Appeal No. 1981-05`- - " ,, . Page 3 of-3 --- addition, the topographical features of this land and its non-compliance with the 70% contiguous upland requirement of the- zoning by-laws, make. it unique to the zoning district in which it is located. Therefore, the Board found that this land meets the requirements of Sec. 10 of Chapter 40A. , M.G.L. and Sec. Q. 2 (c) of the town's zoning by-laws and voted unanimously to grant the petitioner a variance subject to the following restrictions: 1 . The portion of the locus which is not affected by the pier extension as shown on the plan submitted with the filing, . shall remain undeveloped an Vshall be vegetated with spreading junipers-or other suitable low growing s ru s. --- 2. There sha l 1 be no ingress or e9 ress: to the pier extens•i on. f rom 'Channel Point Rd.; b.y either pedestrNn or vehicular traffic, WlroWN 4 BARNSTABLE -9 PH 3 18 Board of Appeals Hyannis Harbor Tours, Inc. .....:.......................................___............................._._..._...._...... .__..._....__.__.M Deed duly recorded in the ...._...... _...._.__..._._.___._ Property Owner County Registry of Deeds in Book ...._.......... Hyann is Harbor Tours , Inc. R ................_..................................x......................................... ....... _.. _. _._ Page _.. ..... ..... ............ Petitioner District of the Land Court Certificate No. ........................ .. .. __... .... Book _ ..._......_ Page _.._........ _ 1981-05 April 1 81 AppealNo. ............................................................_.__ '_.:_9...:...... _..._ 19 FACTS and DECISION Petitioner __...Hyannis..Harbor Tours, Inc. ........:.... .._ filed petition on ......,1'an.wax:X_.3Q__. 1981 . ____._..._.. .._. , requesting a variance-permit for premises yat _Chan.n.e.1 MX94Xin the village of Hy„ann.is. adjoining premises of ._(s, iE _attached l.ist�__ for the purpose of .............Variance to allow construction, Taiwntenance and use of pier_ extension at Channel Point Road, Hyannis . - Locusis presently zoned ................._........._....�..._....._........._......................_ Notice of this hearing was given by mail, postage .prepaid, to all persons deemed affected and Cape,Cod -News .& by publishing m Barnstable Patriot newspaper` published in Town 'of Barnstable a copy of which is attached to the record of these proceedings filed with Town Clerk. A public bearing by the Board of:Appeals of the Town of Barnstable was held at the Town Office Building, -Hyannis, :Mass., at .........UN. P.M. 1.9 ......._._.........._...._...__....:m 1981 , upon said petition under zoning by-laws. Present -at the hearing;were the, following members: R,i.c.ha.rd..:��...:..�.o.Y... :..:... ....._ F.rank .P..t:....Con�d.nn.:....... Luke.::.P.........Lal..l.y.. ...... .........._ Chairman 4 .At the conclusion of the hearing, the jard took said petition under advisern j A view of the locus was had by the Board. `2 3 AppealNo..........._._1981...�5............_....._..__.� Page ........................ of ...................... 81 On March 19 ..... 19 ................. The Board of Appeals found Atty. Frank E. Green represented the peti�oner and explained the topographical plan filed with the application. A rendering of the finished project was also presented to the Board. The Barnstable Conservation Commission has approved this project which involves dredging and filling and the Army Corps of Engineers has also given its approval to the work being done. The property involved in the petition is on Channel Point Rd. , Hyannis to a residence B zoning district. There is an existing pier along the edge of the harbor abutting Ocean St. which is in the commercial zone and the petitioner would like to extend this pier along the edge of the .land on Channel Point Rd. which is in .the residential zone. The lot in question is long and narrow and unsuited to single-family residential use due to its shape and topography. Mr. Green said that it would be very difficult to construct a dwelling on this land due to its sharp slope and tt would be necessary to stabilize the bank which would involve the construction of retaining walls etc. This land does not meet the 70% contiguous upland requirement of the zoning by-laws and if the variance is granted for the pier extension, the remainder of the land not affected by the pier will be kept in its natural vegetated state.` There would be no use made of this land for parking or structures of any kind and the petitioner would, in effect , be creating green space in a highly congested area of the town. Virginia Ray of 33 Channel Point Rd, , asked that this property be restricted to the use that the petitioner requests so that if it is sold by Mr. Scudder, no structures , parking, bi'llboards', etc, would Be placed on the lot. Charles Leonard and Adolphe Richards spoke in favor of the petition and Mr. Leonard said that the Office of Community Developmen-t felt the petit'ioner's proposal was in keeping with the OCD's overall plan for the Btsmore Park area, Jim Bradbury spoke ;in favor of the pier extension, Joe DaLuz, Bldg. Comm, for the town, indicated his support of this project to Mr. Scudder. No,one spoke. in objection to the petition and the Board took the matter under advisement, The Board found that this' lot ,has a shape which does not lend itself to re sonable use for the purpose for, which it i`s zoned, .i ,e, , single-family�a��eS?r �F� and in (continued) u N �..i 0.0„tv, .... .SS.T.. Clerk of the Town of Barnstable, Barnstable County, I1Zassachusetts, hereby certify that twenty-one (21) days have elapsed since the Board of Appeals rendered its decision- in the above entitled petition and that no appeal of said decision has been filed in the office of ;the Town Clerk. Signed and Sealed this . ........ day of .. !.5/..................... ........ 19� .................. under the pains and penalties of;perjury. f Distribution:— Property Owner ..:.. ::....................... ........: ................................... ................... ,Town Clerk Board of Appeals Applicarit - Town of Ba ble Persons interested Building Inspector Public Information 13y ::....... ............... ........................... Board of Appeals Chairman BOARD OF APPEALS'. .RAUSTAU f iva PARTIES IN INTEREST - APPEAL NO. 1981-05 - HYANNIS HARBOR TOURS, INC. Abe Mass. Trs. Chas. D. & Maria Alex Alton & Evelyn Anderson John K. & Marina H. Atsalis Town of Barnstable,, Att: DPW Daniel P. Coen & Felicia Penn-Coen Helen Flores Fore LTD Inc. Thomas Vincent Gildea Jr. Hyannis Harbor Tours , Inc. George L. Kouthouris Silvio & Claire Latino Leona Penn. B.P. Borghesi & F. G. Pilicy M. Virginia Ray Adolphe 0. Richards _ Richard M. Scudder Esther Seroll Walter & Kathleen Stewart Marion Trafton Barnstable Planning Board Sandwich Planning Board Mashpee Planning Board Yarmouth Planning Board BOARD OF APPEALS 9AYL - ON Appeal No. 1981-•05 Page 3 of 3 addition, the topographical features of this land and its non-compliance with the 70% contiguous upland requirement of the zoning by-laws, make. it unique to the zoning district 'in which it is located. Therefore, the Board found that this land meets the requirements of Sec, 10 of Chapter 40A. , M.G.L. and Sec. Q. 2 (c) of the town's zoning by-laws and voted unanimously to grant the petitioner a variance subject to the fol lowing "restrictions: 1 . The portion of the locus which is not affected' by the pier extension as shown. on the plan submitted with-the filing, shall remain undeveloped and sh6l'1 be vegetated with spreading-- - . -junipers or other-suitable tow growing � . 2. There shall be no ingres-s or egress to the pier extension from Channel Point Rd,, by either pedestrian or vehicular traffic, I �_ !1 ++I -f 1 ' � .�� } � I . ; 1 � f �- The Town of Barnstable • s�neree�, • "AM �d8 Department of Health Safety and Environmental Services " Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner September 7, 1995 Michael D.Ford,Esquire P.O. Box 665 West Harwich,MA 02671 RE: " Hy-Line Cruises Dear Attorney Ford: I received your client's letter and proposed modification to the site of the Hy-Line Cruises and I am now of the opinion that,if these changes to the landscaping are made,you will be in compliance with zoning. Please take immediate action to make these changes so that I can address concerns raised by your abutters. Thank you. Ralph M. Crossen Building Commissioner RMC/km j .. Cruises from Hyannis to Nantucket ZZ BOARD OF DIRECTORS and Martha's Vineyard Islands Richard M.Scudder .�.p� Hyannisport Harbor Sightseeing Cruises Chairman ,li Deep Sea Fishing Frederic F.Scudder II Cape Cod Canal Cruises Vice Chairman Cape Cod Custom Tours Philip S.Scudder Mark M.Joseph A Service of Hyannis Harbor Tours, Inc. Henry G.Thorpe September 5, 1995 Mr. Ralph Crossen Building Commissioner Town of Barnstable 367 Main"Street Hyannis, MA 02601 Dear Mr. Crossen: Per your request please find a revised landscape plan for Lot 71-1 on Assessor's Map #326. In addition to the line of junipers and other shrubs that were planted shortly after the variance was granted in 1981, we propose to add 100' of Crimson Pygmy Barberry, a low growing shrub, along the concrete retaining wall. Placement of the plants is shown on the enclosed plan and was depicted in the artist's rendering submitted with the variance application in 1981. The revised plan is highlighted by the proposed addition of 6 beds, planted with low growing shrubs (12"-18"). The species of shrubs have not been determined at this time. Species will be chosen with regard to the availability of plants that will thrive in this location. When we have made a decision, I will forward that information to your office. If you require additional information regarding this matter, please call me at your convenience. Thank you for your cooperation in this matter. Respectfully, Joseph M. DeMartino Property Manager JMD:jbp enclosure 22 Channel Point Road,Hyannis,MA 02601-4799 General Offices(508)775-7185 Group Sales/Marketing(508)778-2688 —� -= Fax(508)778-5966 � Fax(508)775-2662 4 EAY heL •r 41 IQ kL AREA = 33,600 sq.-ft. a 3; v. /. IARB R i0t,RS/ Ni � �� Fr{CIt•' iiliiUi{N�/��• iMENT 1 1 r',P_rQpo-sed bed-s: _of, IQ.w ..s hr,.ubs CL `s_P e c i e-s ,tom ._b-e_ _d elm r_m_i-n:e d.. 00 t $ K:571�2 if ca SPK �t SPK FN0. 0�� FNO. FNO. I KNELL y PLOT PLAN OF LAi